NFLPA, As Expected, Appeals Financial Part Of Retired Players Case
By Daniel Kaplan, Staff Writer, SportsBusiness Journal
The NFLPA, as expected, late yesterday appealed to the U.S. Court of Appeals for the Ninth Circuit a jury's decision to award a class of retired players, who claimed the union failed to market them properly, $28.1M. The union appealed more than just the November jury decision -- the notice of appeal also cited the judge's refusal to overturn the verdict; his decision to allow evidence into trial of Electronic Arts scrambling the images of retired players in its games; and the judge's refusal to dismiss the case and his decision to certify the class of more than 2,000 players. The NFLPA is also appealing the jury instruction, specifically those pertaining the union's fiduciary duty to the class and damages that would result from that. Because the plaintiff's own damages expert offered no damage estimate on a fiduciary charge, which is what the jury found, this could be a promising area for the NFLPA. The damages expert offered analysis on damages related to a contractual violation, but the jury awarded no damages on that charge. The appeal will likely not be decided until next year.
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